(RepublicanNews.org) – House Democrats’ efforts to breach attorney-client privilege between President Trump and a former White House counsel collapsed under the weight of judicial scrutiny.
House Democrats attempted to force testimony from Donald McGahn through the use of a Congressional subpoena. However, the White House pushed back on that action claiming blanket executive privilege.
On Monday, August 31, a three-judge panel from the US Court of Appeals for the DC Circuit dismissed a lawsuit filed by Democrats seeking to enforce their subpoena. This ruling came three weeks after the DC Circuit’s full panel ruled Democrats had standing to file the suit.
However, two judges ruled on Monday they failed to name a statute justifying any action by the Court. Writing for the majority, Circuit Judge Thomas Griffith noted that the case “must be dismissed” because the Dems lacked “a cause of action” necessary to “enforce its subpoena.”
MSNBC legal analyst Barb McQuade posted a link to the Court’s ruling, tweeting that perhaps the case would return to the DC Circuit’s full panel (En banc) of judges.
One month after #SCOTUS held Congress has power to issue subpoenas, DCCir holds in McGahn subpoena case Congress has no ability to enforce them in court. En banc again? We had to go through this process once already on McGahn’s claim of absolute immunity. Bottom line=more delay. https://t.co/MpHS2V47Og
— Barb McQuade (@BarbMcQuade) August 31, 2020
House Democrats had hoped to obtain testimony from McGahn regarding alleged efforts by the White House to impede Robert Mueller’s investigation into possible Russian interference in the 2016 presidential election.
At the very least, Monday’s ruling served as another roadblock to Democrats’ efforts to continue their presumed witch hunt against the president.
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